Published on Friday, July 9, 2004 2:10
PM EDT
Treadway to spend 15 days in
jail
By TIM WELDON/Sun Staff
Writer
"This is a sad case," Circuit Court Judge
Julia Hylton Adams told Lexington attorney Robert Treadway moments
before sentencing him to 15 days in jail for his role in defrauding
the president of Ale-8-One of nearly $70,000.
Adams' sentence appeared to reconcile
conflicting beliefs that Treadway suffered from a mental illness
which may have contributed to his actions, and her belief that
Treadway committed an "outrageous and egregious breach of trust,"
which deserved punishment.
Treadway pleaded guilty in April to five
counts of theft by deception, committed against Frank A. Rogers III
and his investment company. Treadway billed Rogers for investigating
and settling a fictitious planned lawsuit against Rogers'
company.
In court Thursday, Treadway apologized to
Adams for his crime, adding he hopes his case demonstrates "the
power of mental illness to wreck people's lives, as it has done
mine."
Treadway blamed antidepression
medications he was taking for decisions to defraud Rogers between
December 2002 and April 2003.
"We've seen in some cases they cause more
trouble than they solve, and that was the case with me," he
said.
He said he has been prescribed Prozac,
Zoloft and, most recently, Effexor, for his mental illness. He added
that he is not currently on medication for the first time in
years.
"I don't think they did me any good. They
did me great harm," he said. "I would never have lost my judgment if
not for the medication."
Commonwealth's Attorney Thomas Smith
disagreed, telling Adams that Treadway engaged in an "elaborate
scheme" to defraud his victim.
Adams agreed with that assessment to a
point, telling Treadway, "There's no question you knew right from
wrong." Nevertheless, she said it was clear to her that Treadway
suffered from some type of mental impairment.
In the end, Adams seemed to wrestle with
what she called "a duty to the community, the victim and to the
people who practice law." However, she pointed out that regardless
of the sentence, Treadway will lose his license to practice
law.
Adams sentenced Treadway to five years in
prison - one year for each count against him - but probated all but
15 days of the sentence.
"In the blink of an eye, in a series of
poor decisions, you set about to undo the course of your life's
work," she told the Harvard Law School graduate.
Treadway must report to the Clark County
Detention Center July 26 to begin serving his 15-day sentence. Adams
also ordered $70,000 paid by Treadway into an escrow account for
restitution to be released to Rogers.
Treadway also must maintain full-time
employment, according to terms of his probation. He currently is
working as a law clerk for a Lexington law firm.
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